Meanwhile companies have changed their behaviour, structuring deals to avoid accusations that they break antitrust law
, and preparing for court fights that would have been avoided in the past by negotiations between the agency and companies to sell assets or otherwise remedy competition concerns.
“The days of co-operating with the antitrust agencies in a merger review to work out a negotiated settlement may be gone. The antitrust agencies are taking a litigation approach so the merging parties must do the same,” he said in an e-mail. The FTC also filed complaints to block the mergers of big health care companies in New Jersey, Rhode Island and Utah. All were abandoned.
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